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CASTLETON v. BROADWAY MALL PROPERTIES, INC.

41 A.D.3d 410 (2007)

837 N.Y.S.2d 732

STEVE CASTLETON, Appellant, v. BROADWAY MALL PROPERTIES, INC., et al., Respondents. (And Third-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 5, 2007.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Dayton Construction, Inc., which was for summary judgment dismissing the cause of action alleging common-law negligence insofar as asserted against it and substituting therefor a provision denying that branch of that motion; as so modified, the order is affirmed insofar as appealed from, without costs...

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